[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Rules and Regulations]
[Pages 37779-37780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18644]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AJ34


Provision of Drugs and Medicines to Certain Veterans in State 
Homes

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document amends the ``Medical'' regulations concerning 
the provision of drugs and medicines prescribed by non-VA physicians 
for certain veterans who are permanently housebound or in need of 
regular aid and attendance. The regulations are amended to allow 
prescriptions to be filled by non-VA pharmacies in state homes under 
contract with VA for filling prescriptions for patients in state homes. 
This is consistent with VA's special relationship with state homes. It 
will eliminate duplication of services and will help improve timeliness 
for filling prescriptions in state homes.

DATES: Effective Date: July 14, 1998.
    Comment Date: Comments must be received on or before September 14, 
1998.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should 
indicate that they are submitted in response to ``RIN: 2900-AJ34.'' All 
written comments received will be available for public inspection at 
the above address in the Office of Regulations Management, Room 1158, 
between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday 
(except holidays).

FOR FURTHER INFORMATION CONTACT: Jeff Ramirez, Pharmacy Service (119), 
Veterans Health Administration, Department of Veterans Affairs, 810 
Vermont Avenue NW, Washington, DC 20420, (202) 273-8428. (This is not a 
toll-free number.)

SUPPLEMENTARY INFORMATION: This document amends the ``Medical'' 
regulations set forth at 38 CFR Part 17. More specifically, it amends 
the provisions of Sec. 17.96 which concern the criteria for providing 
drugs and medicines prescribed by non-VA physicians for certain 
veterans who are permanently housebound or in need of regular aid and 
attendance.
    Prior to the effective date of this document Sec. 17.96 stated:

    Any prescription, which is not part of authorized Department of 
Veterans Affairs hospital or outpatient care, for drugs and 
medicines ordered by a private or non-Department of Veterans Affairs 
doctor of medicine or doctor of osteopathy duly licensed to practice 
in the jurisdiction where the prescription is written, shall be 
filled by a Department of Veterans Affairs pharmacy, provided:
    (a) The prescription is for:
    (1) A veteran who by reason of being permanently housebound or 
in need of regular aid and attendance is in receipt of increased 
compensation under 38 U.S.C. chapter 11, or increased pension under 
Sec. 3.1(u) (Section 306 Pension) or Sec. 3.1(w) (Improved Pension), 
of this title, as a veteran of the Mexican Border Period, World War 
I, World War II, the Korean Conflict, or the Vietnam Era (or, 
although eligible for such pension, is in receipt of compensation as 
the greater benefit), or

[[Page 37780]]

    (2) A veteran in need of regular aid and attendance who was 
formerly in receipt of increased pension as described in paragraph 
(a)(1) of this section whose pension has been discontinued solely by 
reason of excess income, but only so long as such veteran's annual 
income does not exceed the maximum annual income limitation by more 
than $1,000, and
    (b) The drugs and medicines are prescribed as specific therapy 
in the treatment of any of the veteran's illnesses or injuries.

    This document amends Sec. 17.96 to allow prescriptions to be filled 
by non-VA pharmacies in state homes under contract with VA for filling 
prescriptions for patients in state homes. State home pharmacies are 
fully operational facilities that in many cases can efficiently meet 
the needs of veterans in the state homes. This action is consistent 
with VA's special relationship with state homes. It will eliminate 
duplication of services and will help improve timeliness for filling 
prescriptions in state homes.

Administrative Procedure Act

    This document is published without regard to the notice and comment 
and effective date provisions of 5 U.S.C. 553 since it pertains to 
agency management.

Regulatory Flexibility Act

    The Secretary hereby certifies that the adoption of this interim 
final rule will not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act, 5 U.S.C. 601-612.
    The rule at the most will have only a minuscule economic effect on 
any small entity. Therefore, pursuant to 5 U.S.C. 605(b), this interim 
final rule is exempt from the initial and final regulatory flexibility 
analyses requirements of Secs. 603 and 604.

Catalog of Federal Domestic Assistance Program Number

    The Catalog of Federal Domestic Assistance program number for this 
document is 64.012.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs-health, Grant programs-veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing homes, Philippines, Reporting 
and recordkeeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

    Approved: June 30, 1998.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
    For the reasons set forth above, 38 CFR part 17 is amended as set 
forth below:

PART 17--MEDICAL

    1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.

    2. In Sec. 17.96, the introductory text is amended by removing 
``pharmacy'' and adding, in its place, ``pharmacy or a non-VA pharmacy 
in a state home under contract with VA for filling prescriptions for 
patients in state homes''; the authority citation at the end of 
paragraph (a) is removed; and an authority citation is added at the end 
of the section to read as follows:


Sec. 17.96  Prescriptions filled.

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(Authority: 38 U.S.C. 1712 (d))

[FR Doc. 98-18644 Filed 7-13-98; 8:45 am]
BILLING CODE 8320-01-P